Domestic violence plagues countless California homes. At Diarian & Bociaga, we see the impact of intimate partner violence too often. Many survivors of intimate partner violence have increased anxiety because they are unsure of what to expect if they call the police. In many cases, they likely worry that it will make the situation worse, especially if the police do not believe them or nothing happens to the abuser.
While every situation is unique, the Sherman Oaks domestic violence and restraining order attorney with Diarian & Bociaga wants you to have a general idea of what to expect.
Legislation Affecting Law Enforcement Response to Domestic Violence
In 1984, California legislators passed standardized guidelines for law enforcement response to domestic violence. This legislation sets the baseline expectations with the understanding that areas will adjust and elaborate on the needs of their own communities and municipalities. The most current P.O.S.T. Guidelines require officers to continually assess the situation to identify potential dynamics and to arrest the aggressor when they determine there is probable cause.
The guidelines specifically state that officers should make an arrest when possible, regardless of factors such as:
- Whether or not the suspect lives with the victim
- The presence or lack thereof protective orders
- The complainant’s history of prior complaints or current mental state
- Financial consequences
- Concerns that the case will not result in a conviction
Additionally, it should not matter if the event resulted in non-visible injuries.
Probable Cause for Arrest
If you call 911 for help during an incident of intimate partner violence, examples of probable cause that may result in an arrest when the aggressor is in a relationship with the victim include:
- Spousal rape
- Threats
- False imprisonment using violence, menace, fraud, or deceit
- Preventing or dissuading a victim from testifying
Additionally, for law enforcement to arrest an aggressor, they may make a warrantless arrest for a misdemeanor if they have probable cause to believe that an assault or battery occurred.
Dual Arrest
Though the guidelines often advise against it, they allow for law enforcement to arrest both parties in an altercation. However, they are also encouraged to evaluate and determine the dominant, or most significant aggressor.
Restraining and Protective Orders
Additionally, officers should inform an individual of their right to seek an Emergency Protective Order. They may request an ex parte hearing when they believe the individual is in immediate or present danger of domestic violence or stalking, a child is in immediate risk of harm by a family or household member, or another vulnerable individual is in immediate danger.
The officer should have the resources to contact an on-call judge, commissioner, or referee designated to issue EPOs by phone.
Victim Assistance Mandates
Responding officers are mandated to provide emergency assistance when necessary. This can include medical attention, transportation to a shelter, or support in removing their items or escorting them to safety. Officers should advise victims of their right to a domestic violence advocate in addition to a support person of their choosing for any interviews with law enforcement, prosecutors, or defense attorneys.
Additionally, responding officers are tasked with notifying the victim that their name, address, phone number, or any other contact information will remain confidential. They should ensure the survivor is aware of their option to pursue criminal charges and direct them to the appropriate person to do so.
If you need help with protecting yourself after leaving intimate partner violence or obtaining a restraining order, you can call us at Diarian and Bociaga to schedule a private consultation and get the help you need.